that's it for us. thanks for watching, everybody. see you tomorrow. "special report" is up next. this is a fox news alert, i'm bret baier in washington. the first criminal charges have been filed in the benghazi terror attacks that left four people dead last september 11, including the u.s. ambassador there. there may be new efforts tonight to track them down. national security correspondent jennifer griffin has breaking details from the pentagon. good evening, jennifer. >> reporter: good evening, bret. fox news confirmed nearly one year after the benghazi attacks on the u.s. consulate and cia annex which left ambassador chris stevens and three other americans dead, the justice department has filed its first charges against those responsible for the attacks. the charges remain under seal in new york. in may, the fbi released images

of three suspects wanted for questioning. it is not clear whether they are the ones charged, but reporters spoke to one of the suspects days after the attack and more recently. justice department officials would not comment about the charges, but issued the following statement. quote. the department's investigation is on-going, it has been and remains a top priority. we have no further comment at this time. the administration is under increasing pressure to show it is acting against the perpetrators. fox news has spoken to multiple military sources who say that operators have been monitoring several suspected attackers on the ground in libya more than ten months, but no one in washington they say would make decision to allow these operators to kill or capture the alleged perpetrators. the administration is also going out of its way to prove it is not preventing the survivors from testifying to congressional oversight committees. may 30th, cia director john brennan sent a letter to cia

employees on the ground in benghazi telling them the house and senate intelligence committee would like to extend an invitation to them to testify, adding, quote, while the committees have asked that we make those in benghazi during the attacks aware of their interests in hearing from our officers, they also wanted to make clear that you are under no compulsion to engage in such discussions. so far, none of those that were on the ground that night in benghazi have testified before the house oversight and government reform committee which is conducting the main benghazi investigation. nearly two dozen cia employees and security contractors were stationed at the cia annex that night. their identities have been kept from congressional committees that have wanted to talk to them more than a year. >> we are getting word that something in libya is involving the suspects? >> we are hearing from libyan sources on the ground that there's tremendous amount of activity tonight in derna.

it is a hot bed of islamic activity. there's a lot of action there. it is not clear whether there's attempt tonight to make arrests, but we're hearing there's a lot of gunfire and movement going on in derna tonight. >> that's a hot bed for islamic activity and possible hideout. jennifer griffin live at the pentagon. thank you. more on this with the panel. the u.s. is pushing back against al qaeda as american exodus from middle east and north africa continues tonight. the air force airlifted those from yemen. ed henry has the latest. >> reporter: as president obama headed west to talk up housing reform and appear on the tonight show with jay leno, things intensified. a drone killed four al qaeda militants, as the u.s. and british embassies evacuated

staff, drawing furious reaction from the yemen government. the ministry of foreign affairs put out a statement declaring while the government of yemen appreciates foreign governments' concern for the safety of their citizens, evacuation of embassy staff serves the interests of extremists and undermine's the exceptional cooperation between yemen and the international alliance against terrorism. the surprising split, five days after mr. obama took great pains in the oval office to show close cooperation with president hadi of yemen, left officials at the state department splitting hairs over whether it was an evacuation. >> i think if you look up in a dictionary the definition -- >> what would you call it if you're suddenly told you have to leave, a plane is flown in, you're forced to leave. >> it is called order of depat you are. >> reporter: at thursday's meeting, the president suggested al qaeda in the arabian peninsula might be getting weaker. >> because of effective military reforms that president hadi

initiated when he came into this office, what we've seen is al qaeda in the arabian peninsula or huap moved back out of territory it was controlling. >> reporter: yet one day later the administration cited threats from al qaeda in the arabian peninsula to close 19 embassies in the middle east. further evidence to conservatives the president's strategy has been meandering. >> the administration for four and a half years tried to slice and dice by defining al qaeda as a little sliver that's hanging around in waziristan. that's always been a mischaracterization. >> reporter: top officials repeated the administration's key talking points. >> al qaeda is on the path to defeat, but we consistently expressed a concern about affiliates and this is an example of that. >> reporter: the first question the president takes on the terror threat could come from a

comedian, jay leno. pressed on why the president hasn't spoken out publicly and reassured the public, he said he is not focused on words but action and directed the team to protect americans abroad and here at home. during their visit to cairo, senators lindsey graham and john mccain urged both sides in egypt to start talking and stop fighting. egyptian president morsi was overthrown last month. many of his supporters in jail. mccain was asked today whether it was a political coup. >> i am not here to go through the dictionary. if it walks like a duck and quacks like a duck, it's a duck. >> the state department weighed in with a different, somewhat confusing response. >> could you remind us all what your position actually is because as i recall, your position was that you don't have a position. and that's not quite -- is that correct? >> matt, i think you know our position. >> tell me. >> there was a determination

made that we do not need to make a designation. >> your position is that you do not have a position. >> our position is that we do not need to make a designation. >> you do understand that you don't have a position on this, don't you? >> we have not made a determination. >> as we told you a week ago, civilian defense workers will not have to endure 11 furlough days without pay. defense secretary chuck hagel announced this afternoon that number will be reduced to six. the furloughs were instituted after spending cuts known as the sequester. now to what many call an act of domestic terrorism, but the government still considers something else. the trial has just begun for the army psychiatrist accused of the fort hood shootings. today he admitted he did it. correspondent casey siegel looks at day one. >> reporter: it was the worst mass shooting at a u.s. military installation in american history, but for the soldiers and families touched by this

attack nearly four years ago, the emotions remain very fresh. >> i don't go a day without thinking about this. >> reporter: sergeant howard ray was inside the fort hood medical processing facility and witnessed the rampage. >> did you think you were going to die that day? >> i thought that it was going to be pretty close. >> reporter: as the long awaited court-martial got under way, many of his alleged victims saw him for the first time since that day. >> i can't understand how people would feel, but it's got to be devastating. >> reporter: opening statements moved relatively quickly. the prosecution spoke about 45 minutes, painting t picture of how the 42-year-old army psychiatrist, wearing his military uniform, yelled allah akbar before he fired on fellow soldiers. hassan serving as his own attorney spoke only a few minutes and said we the mujahideen are imperfect muslims

trying to establish the perfect religion in the land of the supreme god. >> and these people are resilient. >> reporter: congressman roger williams whose district covers fort hood introduced legislation to get the u.s. department of defense to reconsider its classification of the attacks as workplace violence because that causes many of the victims and families to lose crucial benefits. >> nobody believes it is workplace violence, even this perpetrator said he is a terrorist and that he meant to kill and he doesn't like america. >> reporter: out of 12 witnesses to take the stand this first day, one was shot in the massacre not once but seven times. he was very calm and collect on the stand. when it came time to be cross-examined by major nidal malik hasan, he had no questions for him. >> casey siegel at fort hood,

thank you. former president george w. bush is recovering at a hospital in dallas. they found an artery blockage. they inserted a stint earlier today. let's talk about it with fox news medical analyst dr. siegel from new york. what happened? >> we heard from his senior spokesperson who said he was going to cooper for his regular physical. he was having no symptoms. the physical in terms of being a former president, as vigorous as he is, includes a stress test. it showed some ekg changes. that led them to do a special cat scan which showed a blockage, then came the angiogram, where they fed a catheter up through an artery in the groin up to the heart to the blocked artery which they then opened. i have the stint here with me. you can see this tiny balloon is dilated, and this stint which i can show you is at the very tip.

this is how tiny it is. this is what is left behind in the artery. it should keep the artery open. he will be on blood thinners, they will keep him on a blood thinn thinner, aspirin, and cholesterol lowering drugs. i expect him to recover fully. he is a man as you and i know in tremendous health, planning to return to work thursday. >> you and i have gone mountain biking with president bush on these outings with wounded warriors. what happens now? it is hard to believe actually if you watch him mountain biking, he is in tremendous shape, he was leading the secret service when i went out with him. >> he was leading the secret service when i went with him. after 60 miles, three days, interviewed without being short of breath. i expect that he will be able to do this again next year the same way. this is a wakeup call for people out there, bret, who have no symptoms, may not have heart risk factors. you need to see the physician

regularly. this is the message president bush wants people to know, see your doctor. >> okay. wish him well. >> thanks. when we come back, president obama wants to clean house in the home mortgage business. that's the top story for our affiliate, fox 10 in phoenix, arizona. fox 11 in los angeles is covering charges filed in the venice beach fatal hit and run that killed an italian newlywed. and this is from fox 29. the big story there, fatal shooting at a town meeting in the poconos. police are searching the home of the man that blasted his way into a municipal meeting last night in northeastern pennsylvania. state police say 59-year-old killed three people over a property dispute and was arraigned today. that's tonight's live look outside the beltway from "special report." we'll be right back.

i'll just press this, and you'll save on both. ding! ladies and gentlemen, boys and girls, llllet's get ready to bundlllllle... [ holding final syllable ] oh, yeah, sorry! let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! home insurance provided and serviced by third party insurers.

does your dog food have? 18 percent? 20? new purina one true instinct has 30. active dogs crave nutrient-dense food. so we made purina one true instinct. learmore at purinaone.com

the president's head of health information technology is leaving the administration. sent an e-mail to colleagues, announcing departure, did not say why. his job is crucial as the industry struggles with the conversion to digital record keeping and the president's health care reform law kicks in. analysts skeptical about the rollout, were already hearing more hiccups before today's announcement. >> i hired, heard enough anecdotes of people from industry working with states to know that a lot of this process will end up falling away from an actual online, easy, user friendly experience to people filling out paper forms. when they do that, you're going to get mistakes. on wall street, stocks were down. the dow lost 93, s&p 500 dropped

10, nasdaq fell 27. home prices in the u.s. surged. almost 12% in june over a year earlier. it is one more sign the battered housing market is moving the right direction, at least for now. and tonight, president obama is pushing for major change in how americans finance their homes. fox business network correspondent rich edson has details. >> reporter: if you recently bought a home, chances are the government guaranteed it, backing one out of ten mortgages. democrats and president obama say they want to drastically cut the government's role in housing. >> i believe our housing system should operate where there's a limited government role and private lending should be the backbone of the housing market, and that includes, by the way, community based lenders who view their borrower not just as a number but a neighbor. >> reporter: fannie mae and freddie mac, few names cost the government more.

they buy mortgages from banks, and when the housing crisis hit, they were stuck with billions in bad loans, in turn took nearly $200 billion from taxpayers. president obama's plan would gradually eliminate and have private investors provide more to the housing market and take a larger hit if investments fail. the government would offer limited guarantee on mortgage investments, only during catastrophic drop in the housing market, and would charge investors for that guarantee. while this may be safe for taxpayers, it will likely cost home buyers. >> any housing finance reform plan unfortunately is going to make rates more expensive. what you're trying to do is reduce the government subsidy for housing, and there's no way to do it without seeing the cost to the consumer go up. >> reporter: just a few months ago with an improving housing market, it seems congress had little reason to overhaul the government's housing finance system. then republican senator bob

corker and senator mark warner introduced a bipartisan housing bill. the president says he supports efforts like theirs. republicans on the house financial services committee have also advanced a bill to wind down fannie mae and freddie mac. analysts say this could be among better chances washington has to overhaul the housing finance system. >> while republicans and democrats agree congress should shut down fannie mae and freddie mac, many are at odds over what should replace them, and how much the government should be involved in the housing business. bret? >> rich, thank you. the justice department is suing bank of america for allegedly defrauding investors over the sale of $850 million of residential mortgage backed securities. bank of america says it gave investors ample data and was not responsible for the housing market collapse. the case of accused mobster whitey bulger has gone to the jury in boston. bulger is accused of participating in 19 murders, during a two decade reign over the city's underworld.

his defense says government's main witnesses are turn coats blaming bulger for crimes they committed. still ahead, celebrating an anniversary on a planet far, far away. first, something many of you do every day can lead to things like this. ♪ [ lighter flicking ] [ male announcer ] you've reached the age where giving up isn't who you are. ♪ this is the age of knowing how to make things happen. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor.

authorities in texas still do not know exactly what happened to cause a spectacular tractor-trailer accident saturday. watch the left part of the screen. the truck flies down from interstate 30, crashing onto the bush turnpike in grand prairie, the driver was killed in that accident. of course, dangers on the roads, on the tracks, in the skies are

multiplied when operators are distracted. reporting on an increasingly common culprit. >> reporter: the spanish train operator on the same curve over 60 times without incident. at the time of the crash last month, so distracked, he ignored three warnings to slow down. in the u.s., the fra manned uba of phones. >> if they're caught violating rules they're dismissed immediately. >> reporter: they banned commercial truck and bus drivers from texting in 2010, a year later banned all handheld phone calls. >> if you're looking down at your texting device for four to five seconds, you drive the length of a football field, in a 4,000 pound unguided missile. >> reporter: violators can be fined and disqualified for multiple offenses, companies fined up to $11,000. the worst violators can be shut down. even the myriad causes of

accidents, it is difficult to determine whether penalties are working. highway fatalities up 5.3%. they found crashes or near crashes 23 times greater for commercial drivers that texted, six times greater for those that dialed a phone. evidence of that last week an eight month old was killed in new jersey when a bus driver talking on his phone rammed a light pole that fell on the stroller. 2012 was the safest year in railroading. they saw a 42% decrease in train accidents in the past decade. one new study suggests tough penalties have limited effect because of what they call cognitive distraction. exacerbating by complexity of vehicles with gps and infotainment. whatever it is, the further detached you get from that activity, the less attention you pay to it. >> reporter: technology can limit those human limitations, but it, too, has fault.

in fact, investigators are trying to figure out why computers designed to override the engineer's poor judgment and slow the train down apparently failed to do just that. bret? >> doug mcelway outside union station, thank you. firefighters in southern california are battling a blaze approaching canyon neighborhoods. the brush fire that started in cleveland national forest yesterday is said to be only 5% contained. it burned about two square miles of land so far. one community remains under an evacuation order. one of the things that fuels such fires, a lot of dead vegetation. it is particularly a big problem in colorado. in tonight's energy in america report, correspondent alicia acuna tells us about a solution. >> reporter: colorado has millions of acres dead timber that's potential fuel for wildfires. now a renewable energy company wants to turn it into fuel for

vehicles. >> higher octane level than what you put in your car, but can be used to blend and produce the gasoline that goes into your car. >> reporter: howard jansen is the ceo of cool planet. >> it is not dependent on imported petroleum products, but the gas we make is carbon negative. >> reporter: it is not just dead trees, it can be waste headed to land fills, corn cobs and other vegetation and doesn't compete with the food supply. al wimer from the center for bio refining and fuels says part of what makes cool planet unique is their plan to open hundreds of micro refineries around the country. >> to be close to the bio mass within a 30 mile radius of bio mass for bio fuel. it eliminates the transportation costs of bio mass to get to a larger facility. >> reporter: they have big

investors, conoco phillips and bp. >> i think in general, oil companies are forward thinking and they're looking down the road also to what's going to happen. >> when you look at the investors in the company, you can see that the technology really is real and supported by some of the largest companies in our country. >> reporter: the company is privately funded and does not take advantage of any government subsidies. so far, there has been no criticism for cool planet's plans here in colorado, but other states are taking a harder look at the general issue of burning wood for fuel and adopting rules to ensure that bio mass stays as green as advertised. bret? >> thank you. how would you feel if your professor is a convicted killer and gets to keep his job? plus, your smart tv may be smarter than you thought or want. grapevine is next. [ male announcer ] you'll never see weekday lunch the same again!

it's red lobster's rlunch. seven selections made for your lunch break, like simp tacos and grilled shrimp salad with soup. all jt $7.99. come inoday for rlunch and sea food differently.

the healthcare law gives us powerful tools to fight it... to investigate it... ...prosecute it... and stop criminals. our senior medicare patrol volunteers... are teaching seniors across the country... ...to stop, spot, and report fraud. you can help. guard your medicare card. don't give out your card number over the phone. call to report any suspected fraud. we're cracking down on medicare fraud. let's make medicare stronger for all of us. it guides you to a number that will change your

it guides you to a number life: your sleep number setting. it even knows you by name. now it's easier than ever to experience deep, restful sleep with the sleep number bed's dualair technology. at the touch of a button, the sleep number bed adjusts to each person's ideal comfort and support. and you'll only find it at a sleep number store. where right now our newest innovations are available with 48-month financing. sleep number. comfort individualized. and this park is the inside of your body. see, the special psyllium fir in metamucil actually gels to trap some carbs to help maintain healthy blood sugar levels. metamucil. 3 amazing benefits in 1 super fiber. the beach on your tv is much closer than it appears. seize the summer with up to 50% off hotels at travelocity.

some fresh pickings from the political grapevine. a college teacher will keep his job, despite revelations he killed his entire family more than 40 years ago. james st. james has been a psychology professor in decatur, illinois. it came to light under another name he was found not guilty by

reason of insanity of killing his mother, father, teenage sister in 1967. he reportedly admitted to shooting his entire family after sniffing airplane glue. they released a statement saying he is a decorated teacher with the school 27 years. quote, dr. st. james' life to obtain a successful professional career have been remarkable. it is the latest, greatest in home theater technology, smart tvs with apps, microphone, cameras. but while owners of some samsung tvs were watching tv, hackers were watching them. technology websites report a glitch enabled outsiders to hack into devices, seeing through cameras mounted in televisions, spying on what's going on in users' living rooms. the flaw has since been patched. and finally, a police presence at a massachusetts transit station has dropped

crime significantly, even though the officer is a real stiff, the mbta put a cardboard cutout of a police officer near a bike rack along with video cameras and a new lock. thefts there dropped by 67%. the cutout is actually officer david silen. police estimate stationing a real officer there full time would cost $200,000 a year, but many thieves now take a quick glance, see the cutout and go the other way. it has been one year since nasa's curiosity rover landed on mars. correspondent steve har began looks at what we learned. >> reporter: if anyone was there to listen on mars today, they would have heard happy birthday, performed by vibrating instruments from the $2.5 billion curiosity, which marks one year on the red planet.

>> mars is the most earthlike of any of the planets in our solar system, that's why we choose to explore it. >> reporter: just getting that mobile lab to mars was an unprecedented fete of engineering, 34 million miles away. the real discovery is history of life. rock analysis shows 2 billion years ago there were stream beds with running water and environment that could support microbes. >> it added up to understanding this environment as being chemically one that was favorable for life, not in a harsh way, a benign environment much like earth. >> reporter: the rover sent back more than 35,000 images of mars, giving a window to millions of online viewers and making a steady trek at a clip of about 100 yards a day. nasa will send another spacecraft to mars in november

to test the atmosphere and radiation levels. the robotic exploration in preparation for future manned flights. the head of nasa is to send manned space flights to mars sometimes in the 2030s. bret? >> steve, thank you. nearly a year after the benghazi terror attacks, charges are filed. we'll get reaction from fox all stars when we return.

test test reports indicate that upwards of 100 terrorists may have attacked the consulate and annex. we can't even bring one of those 100 to justice after a year. how is it that after nearly a year of investigation and despite the full resources of the u.s. intelligence, defense, and law enforcement agencies, we are still unable to locate,

apprehend, and bring to justice any, any of the suspected terrorists. >> well, u.s. officials confirming to fox that the justice department has, in fact, filed criminal charges, sealed criminal charges against a number of suspects in the attacks on the benghazi facility, september 11, 2012. we know that this is what the official statement is out of department of justice. quote, the department's investigation is on-going, it has been and remains a top priority. we have no further comment at this time. you may remember in may the fbi released images of three men who were at the compound who were being sought for questioning. we know that one of the men being charged is ahmed khattala, leader of libyan militia that officials believe was involved in the assault, and we're also getting late tonight some word out of libya. libyan sources on the ground

confirming to fox news that there is a lot of action going on now, not describing exactly what it is, gunfire, activity in the city of derna, far east of benghazi along the coast. islamists are known to be there, it is a hot bed of islamic activity. could be a holdout for these guys. we just don't have any other information about what's going on in that city at this hour. with all that, let's bring in the panel. steve hayes, ab stoddard, and syndicated columnist, charles krauthammer. charles? >> it is about time. the administration has tried to run from benghazi but can't hide. i think it is curious the timing of this leak about the charges being filed against the benghazi suspects. we have known who they are, obviously journalists have spoken with them in the open for days, weeks, months.

i would say better late than never. but it does remind me of the critique of the clinton administration after the attack on the uss cole when we sent the fbi to investigate in yemen, there was resistance by the authorities. we were then pre9/11, looking at the law enforcement paradigm, treating it like a crime instead of like war. i'm glad we have sealed indictments, but the question is if we have the intelligence, we have cia on the ground, we have our producer out there, why haven't we snatched them, interrogated them. the answer is that this administration from the beginning decided to do everything that the bush -- to undo everything the bush administration had done, so we've had no interrogations, nowhere to put them, nowhere in guantanamo. all you can do is indictment, trial in new york, or nothing. >> just a few seconds ago, darrell issa released a statement on the latest

development saying this. quote, if our government knows who perpetrated the attack that killed four americans, it is critical that they be questioned and placed in custody of u.s. officials without delay. osama bin laden had been criminally charged long before the september 11, 2001 terrorist attacks but was not apprehended. delays in apprehending the suspected benghazi killers will only put american lives at further and needless risk, closed quote. ab? >> i think that's true. it is one thing after the embarrassment of cnn hunting down the top suspect named by the fbi that the fbi couldn't locate. it is not surprising that they would come up with some form of charging, but charging is different from detaining this person or the several others under this sealed criminal indictment. i also think it is not surprising that september 11th is coming up and they were going to come up with something like this pretty soon, so between the

cnn report and the year anniversary, something was going to happen, conveniently it is congressional recess. i think you'll see more revelations and developments coming out from the administration and what's interesting about the politics of this is that there is not a mood on capitol hill for moving to a special committee on benghazi. darrell issa wants to do the job he is doing, thinks he is doing it well. what's interesting about the cnn -- >> you mean among leadership. there are definitely members pushing it. >> exactly, among the decision makers. there is a group of rank and file that's been very focused on benghazi all along. what's interesting about cnn sitting down with the suspect last week is that that really grew the interest in the subject beyond the people that have been so focused on it, and if that movement begins to build, and rank and file puts more pressure on leadership, perhaps in the fall, depending the response the administration gives to the question of -- >> as you said last week, we welcome cnn to covering the

story. the other story you've been covering is the ciawho were on yet to speak out. and a letter sent out apparently by john brennan, now cia director, and in this letter it says that the house select committee on intelligence and senate select committee on intelligence asked cia leadership to reach out to officers who were in benghazi during the attacks to let them know of the committee's interest in hearing first hand accounts. the agency will support and facilitate contact with the committees if that is your wish. >> right. this is a letter that john brennan sent may 30th, apparently to all the cia affiliated personnel on the ground in benghazi that night, with what was something short of an invitation i think to come forward and talk to congress, but simply more of a reminder they're in a position to do this, that there are established procedures for doing so. i think skeptics of the administration, critics of the

administration on this question would say maybe they were saying if there was a survivor who was going to go rogue and was not going to go through the formal chance and first go to the cia before going to congress, this was a reminder that there are these established channels and you're supposed to do it along the lines prescribed in this letter. >> james rosen, jennifer griffin reported about the nondisclosure agreements signed by at least five cia agents. >> i think the timing of the release of this letter, it is certainly i think part of a push back, an orchestrated push back to say it is not the case that the cia has been blocking or intimidating these folks from talking. if they're not talking, they're choosing not to talk on their own. you know, i have been chasing the survivors, fox has been chasing the survivors, we don't have people who are on the ground there who have been willing to sit down and talk on the record for reasons i think are probably understandable, justifiable, but frustrating

nonetheless for those of us trying to get the story. >> last thing until we go to the second panel. how hard do you think it would be to make a case against some of these people on the ground as we talked about the difference between the law enforcement action and the terrorist, you know, military attack kind of designation. how hard is it going to be to bring a case against these guys? >> it is always hard to do. you don't have the forensic evidence. you don't have a csi guy that puts up yellow tape on the scene and keeps everybody away until all the stuff is gathered, the ballistics and all that. osama bin laden had an indictment i think in '98 and the sudanese offered him to the u.s. and we said no. he ended up in afghanistan because we didn't have enough evidence to actually pursue a case. when you do the law enforcement model, you are completely handicapd trying to deal with terrorism, and that's why it is

always been the wrong one. next up, the exodus intensifies from u.s. diplomatic facilities in the middle east and north africa. can save by sharing. like carpools... polly wants to know if we can pick her up. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones. now, everyone's in the spirit of sharing. hey, can i borrow your boat this weekend? no. [ male announcer ] share more. save more. at&t mobile share for business. ♪ at&t mobile share for business. i'm gonna have to ask you to power down your little word game. i think your friends will understand. oh...no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane? yeah, i can manage my policy, get roadside assistance, pretty much access geico 24/7. sounds a little too good to be true sir. i'll believe that when pigs fly.

ok, did she seriously just say that? geico. just a click away with our free mobile app.

why are you quibbling with the use of the word evacuate. >> it is a technical term. >> is it? >> from a place of danger to a safe place. i think you're looking up in a dictionary the definition -- >> what would you call it if you're suddenly told you have to leave, a plane is flown in, you're forced to get on the plane and leave. >> it is an order of departure.

>> the yemeni government sees it as evacuation. >> the reason i'm clarifying, i think this is an important question, is because we have not suspended our operations there. we don't want to leave that implication. >> state department splitting hairs over ordered departure or evacuation as you heard there, the yemeni government put out a statement saying while the government of yemen appreciates foreign governments' teconcern r citizens, the evacuation staff serves the interests of the extremists and undermine's the exceptional cooperation between yemen and the international alliance against terrorism. back with the panel. charles? >> evacuation is not evacuation, it is order of departure. i would think order of departure happens at national airport when a plane takes off on time. a coup in egypt isn't a coup, it is a change in government. the war in afghanistan is not a wars it is an overseas contingency operation. what happened in benghazi wasn't a terror attack, it was

spontaneous riot, the secretary of state said at the time what difference does it make. they have thrown the book at them, the dictionary. it really isn't enough. >> ab? >> it begs the question that the administration struggles to define whether you bring evacuated or ordered to depart, stay home, work from home day, work from another country day. how long is all this going to extend with the new ones from yemen. we're going to get, here we are in august 6 into september 11, is every consulate and embassy going to open september 10, after september 11 it becomes -- they have to come up with a policy about this, it becomes a slippery slope. i don't blame them at all trying to protect our resources and employees overseas. obviously it was a problem in

benghazi, trying to avoid a repeat of this, and they're very worried i imagine about september 11. if you look at the combination if you look at the combination strategy going forward? do you close embassies but move ground trips over there to now protect embassies? do you use drones? i mean prisons? do you use drones to protect prisons? how do he we change with the changing enemy and how do we define keeping our own people safe if they work in an embassy overseas? >> bret: i guess that's really the key splitting hairs here is whether al qaeda is strong and we talked about this last night, steve. they are still at state and elsewhere trying to say that the leadership of al qaeda core has been quote weakened, disseminated. we have consistently expressed a concern about affiliates. the president just last thursday was praising yemen saying that the president there had initiated some actions that al qaeda and the arabian peninsula was moved out of territories it

was controlling and there you see it in the oval office where he said it and, yet, you know, in the next few days after that was ordering the evacuation of u.s. personnel. >> right. i think if you breakdown what their argument is on the core vs. the affiliates. we are going to hear a lot about the strength of the affiliates and there is no question that they mention the affiliates in passing. go back to the president's speech in may, at national defense university. the entire premise of his argument in that speech was that we have so much less to worry about because we have diminished al qaeda core. that we can recalibrate our entire war on terror. we don't need a war on terror any longer, he said. we can have targeted low scale operations against enemies who can't do significant damage to us. that's a total recasting of the war on terror. now, president ran on that, he made that argument, but it totally disingenuous for him to now suggest that he has been warning about how

strong and dangerous al qaeda was. al qaeda core, al qaeda's affiliates all along. >> bret: that is it for the panel. stay tuned for an interesting vice presidential remix. ♪ if you're looking for help relieving heartburn,

caused by acid reflux disease, relief is at hand. for many, nexium provides 24-hour heartburn relief and may be available for just $18 a month. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away.

other serious stomach conditions may exist. don't take nexium if you take clopidogrel. relief is at hand for just $18 a month. talk to your doctor about nexium. i'll just press this, and you'll save on both. ding! ladies and gentlemen, boys and girls, llllet's get ready to bundlllllle... [ holding final syllable ] oh, yeah, sorry! let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! home insurance provided and serviced by third party insurers.

♪ i have two shotguns ♪ in my home ♪ they are locked in a safe ♪ there is a metal gun case ♪ we live in an area that's wooded ♪ so much secluded ♪ i said jill, if there is ever a problem ♪ just walk out on the balcony ♪ and fire two blasts outside the house ♪ buy a shotgun ♪ buy a shotgun ♪ you don't need a machine gun. ♪ you don't need 30 rounds

♪ buy a shotgun ♪ buy a doubled barrel shotgun. >> bret: he can carry a tune. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. >> this is "the fox report." tonight, the first criminal charges connected it the attack on our diplomatic outpost in benghazi, libya. the details nearly a year after the terrorists struck. plus, the military trial begins for the accused fort hood shooter. >> shepard: 13 soldiers died. dozens more were hurt. nidal hasan doesn't deny he did it. now, some of the survivors will finally get to confront him in court. >> i don't go a day without thinking about this. >> shepard: that and what hasan had to say for himself today. former president george w. bush recovering after ct